This page has been proofread, but needs to be validated.
COPYRIGHT
153


(2) The conditions are—

(a) the original version or a copy of the thesis or work is kept in a university library (including a similar institution) or an archive;
(b) the thesis or work has not been published;
(c) the copy or communication is made by or on behalf of the custodian of the library or archive;
(d) the copy, thesis or work is communicated or otherwise supplied to a person who needs it for the purpose of research or study; and
(e) an authorised officer of the library or archive is satisfied that the person needs the copy, thesis or work for that purpose.

(3) For the purposes of this Act, the supply of copies of a literary work in circumstances to which this section applies—

(a) is not to be treated as publishing the work; and
(b) must be ignored in determining the duration of any copyright in the work.

(4) In this section, a reference to a literary work includes a reference to an explanatory or illustrative artistic work accompanying the literary work.

Research, study or publication—copying or communicating unpublished old material in public collection

229.—(1) If the conditions in subsection (2) are met, it is a permitted use to—

(a) make a copy of any of the following material:
(i) an authorial work;
(ii) a sound recording;
(iii) a film;
(iv) a recording of a protected performance; or
(b) communicate the material.